[2023] KEELC 17452 (KLR)
The court found that the injunctive relief sought by the applicants had already been addressed and granted in a prior judgment delivered in Nairobi ELC Petition No 1 of 2022, which stopped the tendering process in question. As a result, the application before the court was rendered superfluous and moot. The court...
Source-derived case information.
- Citation
- [2023] KEELC 17452 (KLR)
- Parties
- Plaintiff: Joseph Leboo; Plaintiff: Willy Ngurutu; Plaintiff: Philip Sura; Respondent: The Director of Kenya Forest Service; Respondent: Baringo County Forest Co-Ordinator; Interested Party: Miti Bora Sawmills Limited; Interested Party: Rowan Forester International Sawmill
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 273 of 2013
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Injunction Application
- Outcome
- application dismissed as moot
- Judges
- EO Obaga
- Legal Topics
- Injunctive Relief, Public Tendering, Forest Management, Judicial Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Leboo
Plaintiff
Willy Ngurutu
Plaintiff
Philip Sura
Plaintiff
The Director of Kenya Forest Service
Respondent
Baringo County Forest Co-Ordinator
Respondent
Miti Bora Sawmills Limited
Interested Party
Rowan Forester International Sawmill
Interested Party
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the court should grant an injunction restraining the respondents from proceeding with the forest plantation tender process pending determination of the application.
- 2 Whether the application was rendered moot by a prior judgment in Nairobi ELC Petition No 1 of 2022 stopping the same tender process.
Ratio Decidendi
The court found that the injunctive relief sought by the applicants had already been addressed and granted in a prior judgment delivered in Nairobi ELC Petition No 1 of 2022, which stopped the tendering process in question. As a result, the application before the court was rendered superfluous and moot. The court held that it would serve no purpose to issue a ruling on a matter that had been overtaken by events, and that the applicants ought to have withdrawn their application upon learning of the prior judgment. Consequently, the application was dismissed with costs to the respondents and interested parties.
Court Disposition
application dismissed as moot
Orders
- The applicants' application dated December 6, 2021 is dismissed.
- Costs awarded to the respondents and interested parties.
Full Case Text
Judgment text and source record
33 paragraphs
Leboo & 2 others (Suing as Members of Lembus Council of Elders) v The Director of Kenya Forest Service & another; Miti Bora Sawmills Limited & another (Interested Parties) (Environment & Land Case 273 of 2013) [2023] KEELC 17452 (KLR) (18 May 2023) (Ruling)
Neutral citation: [2023] KEELC 17452 (KLR)
Republic of Kenya
In the Environment and Land Court at Eldoret
Environment & Land Case 273 of 2013
EO Obaga, J
May 18, 2023
Between
Joseph Leboo
1st Plaintiff
Willy Ngurutu
2nd Plaintiff
Philip Sura
3rd Plaintiff
Suing as Members of Lembus Council of Elders
and
The Director of Kenya Forest Service
1st Respondent
Baringo County Forest Co-Ordinator
2nd Respondent
and
Miti Bora Sawmills Limited
Interested Party
Rowan Forester International Sawmill
Interested Party
Ruling
1. The plaintiffs/applicants filed a notice of motion dated December 6, 2021 in which they sought the following orders: -a.Spentb.This honorable court be pleased to grant an order of injunction to restrain the 1st respondent by themselves, their agents or servants, and more specifically the chief conservator of forests from signing, witnessing sealing, authorizing or in any other way completing the tender process of the disposal of the forest plantation contained in the tender documents namely;i.Bid No KFS/DSIP/03/2021–2022ii.Bid No KFS/DISP/02/2021-2022iii.Bid No KFS/DSPI/04/2021-2022iv.Bid No KFS/DISP/05/2021-2022Over the 8 blocks of forest plantation namely Sabatia, Maji-mazuri, Kiptuget, Chemususu, Narasha, Koibatek, Chemorgok and Esageri blocks pending the hearing and determination of this application inter-partiesc.This honourable court be pleased to grant an order of injunction to retrain the 1st respondent by themselves their agents or servants, and more specifically the chief conservator of forests from signing, witnessing sealing authorizing or in any other way completing the tender process of the disposal of the forest planation pending the hearing and determination of this application and the application dated September 7, 2021. d.Costs of this application be provided for.
2. The applicants moved to court seeking to stop the 1st defendant/respondent from proceeding with the tendering process as per the four bids listed in paragraph one hereinabove.
3. Before the application could be heard, it was brought to the attention of the applicants’ counsel that the tendering process had been stopped through a judgement delivered in a constitutional petition filed in Nairobi. The applicants’ counsel sought for time to confirm the position.
4. The applicants’ counsel later appeared in court and asked that the application be canvassed by way of written submissions. The court directed that the applicants’ file and serve submissions within 14 days from February 27, 2023. The respondents and interested parties were to file their submissions within 14 days from the date of service of the applicants’ submissions. There were no submissions filed by all the parties.
5. I have looked at the replying affidavit by the respondents. I notice that what the applicants were seeking to stop was stopped through a judgement delivered in Nairobi ELC petition No 1 of 2022 (Timber Manufacturers Association v Kenya Forest Service & 4 others). It will therefore be superfluous to write a ruling over a matter which has been overtaken by events.
6. The applicants should have withdrawn the application the moment they were informed that the tendering process had been stopped and particularly having seen the replying affidavit by the respondents where a copy of judgement from the Nairobi ELC petition No 1 of 2022 was annexed. I therefore proceed to dismiss the applicants’ application with costs to the respondents and interested parties.It is so ordered.
DATED, SIGNED AND DELIVERED AT ELDORET ON THIS 18TH DAY OF MAY, 2023. E. O. OBAGAJUDGEIn the virtual presence of;Ms. Akinyi for Mr. Omusundi for 1st and 2nd Interested parties.Ms. Cheruiyot for 1st and 2nd Respondents.Court Assistant –LabanE. O. OBAGAJUDGE18thMAY, 2023